|
ELIGIBILITY
There are two types of disability programs
available through the Social Security
Administration: the Social Security Disability
program and the Supplemental Security Income
program.
Social Security Disability benefits are
paid based upon work history. If you have
contributed sufficient quarters of earnings,
you are eligible for benefits under this
program. Generally, someone who has worked an
average of five of the last ten years
qualifies for Social Security Disability
benefits.
The Supplemental Security Income disability
program is based on demonstrated financial
need. To determine which disability programs
you may be eligible for, contact the Social
Security District Office closest to your home.
The medical requirements of disability are
the same under both programs, and the process
for determining disability is likewise the
same. Further information on both programs is
available for the asking at your local Social
Security district office or by calling
(800)772-1213. Ask for the following
publications: Social Security Disability
Benefits (SSA Publication No. 05-10029); Supplemental
Security Income (SSA Publication No.
05-11000).
APPLYING FOR BENEFITS
If you have a disabling health problem that
prevents you from working, you should apply at
any Social Security office as soon as
possible. If you wish to find out how to
contact the district office serving your
specific area, call the regional Social
Security office at (800)772-1213.
You may apply in person or by phone. If you
apply by phone, several questions will be
asked at that time. Forms will then be sent to
you that you are required to complete and
return. Information about your work history,
medical history, income, and assets prevail in
the application process.
The medical information you provide will be
used to obtain copies of your medical records,
and someone will render a decision in your
case within an average of three months. An
agency of the state makes the determination on
your disability claim using the Social
Security regulations.
The requirements of disability under Social
Security differ significantly from other
private insurance disability programs, Workers
Compensation programs, and Veterans
Administration disability programs. You often
must prove that you can no longer do any of
your prior work performed within the last
fifteen years nor any other work which exists
in the national economy in significant
numbers.
SPEEDING UP YOUR CLAIM
To make the process go more quickly, have
the following items when you apply: the Social
Security number and proof of age for each
person applying for payments (including
spouse and children, if they are applying);
names, addresses and phone numbers of doctors,
hospitals, clinics and institutions that
treated you and dates of treatment; names of
all medications you are taking; medical
records from your doctors, therapists,
hospitals, clinics and caseworkers; laboratory
and test results; a summary of where you
worked in the past 15 years and the kind of
work you did; a copy of your W-2 Form (Wage
and Tax Statement), or if you are
self-employed, your federal tax return for the
past year; and dates of prior marriages if
your spouse is applying.
RULES OF THUMB
Each claim is different, and the
information contained on this web site cannot
completely prepare you to present your case,
and an attorney cannot determine in advance
how a judge will rule in a case. Following a
few basic rules will, however, will go a long
way to eliminating problems in the application
and appeal process.
Always tell the truth in every aspect of
your claim. Never exaggerate your medical
problems, but never minimize them either.
Provide all relevant details and specific
examples that illustrate your condition and
how your condition affects your activities.
Continue medical treatment throughout your
claim and afterwards.
Claims are periodically reviewed after
benefits begin. The more likely your condition
is to improve, the sooner your case will be
reviewed to check for medical improvement. If
finances and lack of insurance make obtaining
health care difficult, county hospitals and
clinics probably can assist you during these
periods.
APPEALS
Most people who apply for Social Security
Disability are denied initially. Appeals must
be filed within 60 days of a denial at any
stage in the process of determining
disability.
In Texas there are four levels to
determining a Social Security Disability
claim. The four levels are the following:
Initial claim determination;
Reconsideration determinations;
Hearing before an Administrative Law Judge;
Appeals Council appeals.
After all levels of appeal have been
exhausted, someone who is denied must file
suit in federal court. Three levels of appeal
exist in the federal court system. The three
levels are the following:
Federal district court;
Federal circuit court of appeals; and
The Supreme Court.
ATTORNEY REPRESENTATION
At Kraft &
Associates, we prefer to be called
in on a Social Security Disability claim right
at the beginning so that we can advise you and
help to protect your rights throughout the
application and appeal process.
We can assist you at both the initial
application stage and at the reconsideration
stage, as well as at your formal hearing with
the Administrative Law Judge. We can assist
you in obtaining the proper reports from your
physicians and specialists, monitor the status
of your case, assist you in preparing your
case for a hearing before an Administrative
Law Judge, attend the hearing with you and
deliver an opening statement on your behalf
and present your case in the most effective
manner at your hearing, lay the foundation for
a remand or reversal on appeal if the
Administrative Law Judge decides against you,
and verify that the monthly amount and
beginning date of benefits are correct.
BENEFITS
Benefits you will receive depend on how
much income you earned when you were working
and, in some cases, upon the degree of your
financial need. Any Workers Compensation
benefits you received, or continue to receive,
will be subtracted from your benefits.
There is a five-month "waiting
period" for Social Security Disability
benefits. The Administration will compute the
number of months between the date that you
were first determined to be disabled and the
date that your claim was settled, and then
subtract five months from that number. The
resulting number of months multiplied by your
monthly award adds up to be your total back
benefits.
Medicare and Medicaid are additional
benefits that come with Social Security
Disability and Supplemental Security Income
respectively which help with medical expenses.
Kraft & Associates
2777 Stemmons Freeway
Suite 1300
Dallas, Texas 75207
Dallas: (214) 999-9999
Fort Worth: (817) 999-9999
Toll Free: (800) 989-9999
FAX: (214) 637-2118
E-mail: info@kraftlaw.com
Back to Top
|
